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Constitutional authority for the judicial system in Canada is divided between the
Justice and the Law
federal and provincial governments in this way:
For Youth
The federal government has the exclusive authority to appoint and pay
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the judges of the superior or upper-level courts in the provinces.
Parliament also has the authority to establish a general court of appeal
and courts for the better administration of the laws of Canada. It has
used this authority to create the Supreme Court of Canada, the Federal
Court and the Federal Court of Appeal, as well as the Tax Court. In
addition, as part of its criminal-law power, Parliament has exclusive
authority over the procedure in criminal courts. Federal authority for
criminal law and procedure ensures fair and consistent treatment of
criminal behaviour across the country.

The provinces have jurisdiction over the administration of justice in the

provinces, including the organization and maintenance of the civil and
criminal provincial courts and civil procedure in those courts.

What do the federal courts do?

The Constitution Act of 1867 authorized Parliament to establish a general court

of appeal for Canada, as well as any additional courts for better administration of
the laws of Canada.

The Supreme Court of Canada serves as the final court of appeal in Canada.
Its nine judges represent the five major regions of the country, but three of them
must be from Quebec, in recognition of the civil law system. As the country’s
highest court, it hears appeals from decisions of the appeal courts in all the
provinces and territories, as well as from the Federal Court of Appeal. Supreme
Court judgments are final.

Ordinarily, parties must apply to the judges of the Supreme Court for permission
(or leave) to appeal. In certain criminal cases, the right to an appeal is assured.

The second function of the Supreme Court is to decide important questions

concerning the Constitution and controversial or complicated areas of private
and public law. The government can also ask the Supreme Court for its opinion
on important legal questions.

The federal government also established the Federal Court, the Federal Court
of Appeal, and the Tax Court. The Federal Court specializes in areas such as
intellectual property and maritime law and federal-provincial disputes, while the
Tax Court specializes in tax cases. The Federal Court of Appeal reviews
decisions of both these courts, as well as federally appointed administrative
tribunals such as the Immigration Appeal Board and the National Parole Board.

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Provincial and territorial courts

Although the names of the courts are not identical in each province, the court
system is roughly the same across Canada. There are two levels: provincial
courts and superior courts.

Provincial courts
Provincial courts try most criminal offences and, in some provinces, civil cases
involving small amounts of money. Provincial courts may also include
specialized courts, such as youth courts, family courts and small claims court.
The provincial governments appoint the judges for provincial courts.

Superior court
perior courts, the highest level in a province, have power to review the decisions
of the provincial or lower courts. The federal government appoints the judges to
these courts, and their salaries are set by Parliament.

Superior courts are divided into trial level and appeal level. The trial level hears
civil and criminal cases and has authority to grant divorces. The appeal level
hears civil and criminal appeals from the superior trial court. These levels may
be arranged as two separate courts: the trial court named the Supreme Court or
the Court of Queen’s Bench and the appeal court called the Court of Appeal. In
some provinces there is a single court, generally called a Supreme Court, with a
trial division and an appeal division.

Do these courts try both civil and criminal cases?

In Canada, our courts deal with both civil and criminal cases. In civil or private
cases involving breach of contract or other claims of harm (torts), the courts
apply common-law principles in nine provinces and the territories. In Quebec,
courts apply the Quebec Civil Code. In criminal, or public, cases, on the other
hand, the common law is applied throughout Canada.

Administrative boards and tribunals

Many administrative rules and regulations are often dealt with outside formal
trials. Disputes concerning such matters as broadcasting licences, employment
insurance, occupational safety standards or health regulations, may be reviewed
by federal, provincial or territorial government departments or by special
administrative boards like the Canada Employment Insurance Commission, the
Canadian Radio-Television and Telecommunications Commission, labour
relations boards, tenancy tribunals, and refugee tribunals.

Procedure before these administrative bodies is usually simpler and less formal
than in the courts. However, to ensure that such bodies exercise only the
authority given to them by law and that their procedures are fair, the courts may
review their decisions and proceedings. In the case of federal boards, the
Federal Court and the Federal Court of Appeal do this review.

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